Because of a recent successful Federal Court appeal by Louisiana Social Security disability attorney Matthew D. Lane, Jr., an Administrate Law Judge’s (ALJ) unfavorable decision was reversed and remanded.

In 2011, client applied for Social Security Disability Insurance Benefits and Supplemental Security Income based on prior cervical spine trauma, osteophytes of the cervical spine, chronic headaches, and bilateral hand numbness and weakness. An Administrative Law Judge (ALJ) denied his claim in 2012, and the Appeals Council did not grant review.

In 2015, the Court issued a Judgment reversing the ALJ’s decision. The Court found that the ALJ did not properly evaluate the claimant’s treating source medical opinion under Myers v. Apfel, 238 F.3d 617 (5th Cir. 2001) because it did not analyze the six factors for evaluation of medical opinions in 20 C.F.R. § 404.1527 (length of treatment, frequency of examination, nature and extent of relationship, support provided by other evidence, consistency of opinion with record, and specialization).

The Court further found that the ALJ did not comply with regulations requiring evaluation of the side effect of claimant’s medications, which included Methadone, Darvocet, Lortab, Neurontin, and Flexeril, on the ability to function despite an opinion from claimant’s treating doctor that he experienced drowsiness, dizziness, and delayed reaction time.

Because of a recent successful Federal Court appeal by Louisiana Social Security disability attorney Matthew D. Lane, Jr., an Administrate Law Judge’s (ALJ) unfavorable decision was reversed. Consequently, the client has the opportunity for a new hearing and retains the original alleged disability onset date.

Retention of the original alleged disability onset date is significant because if the client can prove disability at a new hearing, the client can potentially recover past-due disability benefits from that date. In contrast, had the client re-applied after receiving the unfavorable ALJ decision and not appealed, the client’s disability onset date typically would be the day following the unfavorable ALJ decision. Thus, the client could not be found disabled for the period of time covered by the unfavorable ALJ decision and past-due benefits for that period of time would not be recoverable.

Recent favorable outcomes demonstrate that Matthew D. Lane, Jr., has the experience and tenacity to prevail during the long and complex Social Security disability appeal process.

Matthew D. Lane, Jr. recently obtained long-overdue disability benefits for a client out of work since 2007 with multiple impairments, including bipolar disorder, who filed a disability insurance claim in 2008. We obtained a medical source statement (MSS) from client’s treating psychiatrist indicating his impairments precluded sustained employment, but an administrative law judge (ALJ) nonetheless denied the claim in 2011. We appealed, and in 2013, a United States District Court reversed the ALJ’s decision. In 2014, a second ALJ found our client disabled based on the opinions of the client’s treating psychiatrist.

In 2015, over seven years after leaving work and due to our diligent representation, the client received past-due Social Security disability insurance benefits (DIB) totaling over one-hundred thousand dollars.

Similarly, in late 2014, Matthew D. Lane, Jr. obtained a fully favorable ALJ decision for a client with femoroacetabular impingement syndrome (FAI), lumbar disc problems, central canal stenosis, and lumbar radiculopathy. The client left work in 2010, and an ALJ issued an unfavorable ALJ decision in 2011. We appealed, and in early 2014, a U.S. District Court reversed the ALJ’s decision. The favorable outcome was again due in part to a MSS obtained by Matthew D. Lane, Jr.

In late 2014, Matthew D. Lane, Jr. helped a client with inflammatory arthritis in multiple joints obtain a fully favorable ALJ decision following a successful appeal to the Appeals Council. The client left work as a certified nursing assistant (CNA) due to arthritis and filed a claim for benefits in 2011; an ALJ denied her claim in 2013, and we appealed. Key evidence in the case included a MSS we obtained from client’s treating rheumatologist.

When Matthew D. Lane, Jr. has a legitimate basis to believe an individual’s due process rights were violated and that SSA wrongfully denied a disability claim, we appeal for as long as it takes to obtain the benefits to which the individual is legally entitled. We have the required skills and experience to represent individuals at all levels of the administrative appeals process (ALJ hearings & Appeals Council) and in U.S. District Court.

The Federal government and the Social Security Administration (SSA) have nearly unlimited money, time, and resources to expend when denying your Social Security disability claim and oppose your appeal. When hiring a lawyer to handle your disability appeal, consider whether the lawyer has the ability to represent you at all levels of appeal, including in U.S. District Court. Also evaluate whether the lawyer has demonstrated the tenacity to stick with a case for as long as it takes because unfortunately, in some cases, applying for and obtaining Social Security disability insurance benefits or Supplemental Security Income can take several years and multiple appeals.

About The Author

Since 2010, he has litigated over one hundred cases in U.S. District Court against the Commissioner of the Social Security Administration. Matthew is a Veteran of the Persian Gulf War (1990 – 91), where he served with the U.S. Army’s 82nd Airborne Division. Learn more

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Matthew D. Lane, Jr. is licensed to practice law in the State of Louisiana.
Disclaimer: The information on this website is intended for informational purposes only and should not be considered legal advice. Before taking any action, you should consult professional legal counsel regarding the specific facts and circumstances of your situation. The use of this website does not establish an attorney-client relationship.